Can you be fired AFTER you quit? (see details)?
An employee quits his job and gives one month notice, even though he only legally owes one week, since he's only been there six months. Then he starts showing up late, or not at all, and being generally disruptive for everyone else. (He's paid a salary, not by the hour, so he's not missing out on any money.)
The boss thinks "Damn, I wish I'd fired him before he quit so I'd only have to deal with him for a week!"
Can the boss then fire the employee, give him a week from that point on, and send him home?
(I'm aware that the employee could be paid and told not to come in, but a month pay for no work is a lot of money!)
Answers:
Yes, you can fire someone for cause, even if they have given you notice. The rules and policies still apply to an employee, even if it is in their last days. You have the right to tell the employee that a months notice is too long and all you require is 2 weeks. You are not obligated to pay them through the end of a long notice unless there is an employment contract that stipulates the notice period and how termination of the contract should be handled.
We fired someone during their notice period for being disruptive to the workplace and not following company policies. (Started taking 2 hour lunches, coming in late, generally sitting around bad mouthing the company and causing others to not be able to get their work done).
yes he was fired. He didn't QUIT yet... he only gave his notice that he was GOING to quit. The boss didn't even have to give him a week. He could have sent him home right away for being disruptive and irresponsible. The company was wasting alot of their money on the guy so he got rid of him early.
Actually, the boss can fire him on the spot -- no week at all.
The employee must follow the rules of the company in order to stay working at the company. Not following them (being disruptive, showing up late) is grounds for immediate termination.
I believe that the manager can fire him. There is one point here which is worth highlighting. If the employee quits he is not entitled to any severence or lay off compensation package. So if the severance is 50% of a 9 months worth of salary + 5000$ then letting the employee leave on his own is far more economical to the company.
Also there is a legal liabilities which is that the company needs to build a case justifying why the employee was fired.
The best solution if he is a trouble maker is to give him a notice to leave on the spot and that his salary will be paid till the end of the month. This way the manager would avoid any disruptive actions and he doesn't have to be the one firing the employee. As long as the employee wants to quit he shouldn't mind getting 3 weeks of pay and to say at home.
The employee could still be fired, but the employer would be responsible for paying out a severance package if the employee would be fired from that day forward.
The employer would have to weigh it out, if it is worth keeping that employee for the remainder of his notice or up to the remaining period of time until he is required to give notice, or pay him out a severance package for the remaining time of his notice and just fire him to eliminate any further disruption to the rest of the workplace and staff.
It would not make a difference in the outcome of the severance determined, if he is paid by a salary. The severance would simply be calculated by a percentage instead of a by the hour calculation.
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